"Obviously she is a very well-known character and she has stayed in the public eye for the longevity of that show... Our recommendation as a team to [Hustler founder Larry Flynt] was, 'Yes, let's pursue this.'"

In addition, Messing claims it was neither Staub nor her unidentified co-star who sold Hustler the footage.

"It was shopped to Hustler by a third party who purchased the rights to the video," she told E! News. "They purchased the tape legally from an undisclosed party, maybe a rep or an agent. They wanted us to be the distributor."

Staub successfully received a temporary restraining order last June to prevent ex-boyfriend Stephen Zalewski from releasing an earlier sexually explicit video tape, as well as photos of her. At the time, Staub stated Zalewski filmed had them having sex without her knowledge.

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